New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-20
A CONTESTED SENATE SEAT.
TWO CLAIMANTS FROM WEST VIRGINIA.
DANIEL D. LUCAS IN NEUTRALITY-SUSPICIOUS. FAoLA
NERs HOPES AND THEIR FOUNDATION
YRY TEL HGn APH TIE rRIpUNE.l

DANIEL D. LUCAS IN wAsuINGroN-JUDdE FAoLA-
NERs HOPES AND THEIR FOUNDATION.
rBY TELEGRAPH TO THE TRrDUSE.l
w.surScroy Nov 10 (Specfoh. daniel w. Lucas, VINO
holds An appointment from Governor wilson, OF west
Virginia as United States Senator from that stare mas
arrived In Washington. Mr. Lucas has sent orle'
IN every member OF the Senate setting forth the
grounds on which he claims the seat, and the reasons
nc he Views thcm why tho election OF Judge Faulkner
Inv the West virginia Legislature at It's special session
should not be regarded valid. As tho Senate Is so
closely divided, the contest made by Mr.. Lucas has
orc than tho usual interest attached to cases OF this
kind
The facts briefly stated these The West Virginia
LEGISLATURE which met In Jaruary, lsS, bsoted for
n Senator TO succeed Johnson ". Camden, whose term
expired lat March, until adjournment without any re-
suits Immediately UDyornor Wilson appointed VI;
Lucas to I'LL the vacancy. As the Legislature had
failed TO pass the necessary appropriation bills It be-
came necessary to rccOnvcnc IT, and this Governor VII
son did in proclamation issued IN silc accordance
with tho state Constitution, which confined It's action
70 the matters specified in the proclamation, Of which
the election Of United States Senator was not one
The Legislature met and on the second Tuesday after
It's assembling chose Judge Charles j. Faulkner TO be
United States Senator. Now tho friends OF Judge
Faulkner claim that tho Constitution of the Unitco
States provides that tho Senate OF tho United States
shall be composed OF two Senators from each State
chosen BY the Legislature thereof for six years; ana
that the legislature therefore Is tho body and the only
body granted authority by the Constitution to choose
Senators That furthermore, the Constitution makers
knew that while there was always Legislature
not in perpetual session. and accidents certain
10 happen between sessions OF tho Legislature, II was
further provided that II vacancies happen by resgna
finn or otherwise during the Of the Legislature
NJ my State the Executive thereof may make tenn
porary appointment until tho next meeting Of the
TcplsIafure which shall then fiji such vacancies The
final provision OF the law TO which the friends OF Judge
Faulkner point bearing upon tho case is that which
declares that times, places and manner OF holding
elections for Senators and Representatives shall be
prescribed I'm each state by the Legislature thereof but
The Congress may at any time by law make or alter
such regulations except as to tho places OF choosing
Senator'S , . ,
States statute provides that the Legislature II each
state, the second uesday aitcr thc nrr,lnE ahp
tor for any vacanry eNsting or TO exist before the
Faulknor therefore. was I'm thc opinion Of his friends.
strictly In compliance with the Constitution and laws
of the United states.
TO his Mr. Lucas replies by SAYING that the Constitu
on OF Wc, Virginia bids Legislature iU extra SOS
sion 10 choose senator unless asked 10 81" 50 I'm tn,
Gnvc,,ors rrocI,rait,n Ilc is confident II The e-
galty Of his claim to the sent and how tho
senate can refuse 10 scat hlm. II Nr Lucas should
bc admitted hc would only servo uun N" election n
year Bat Mr. Faull,ncr II aiTitt"d would serve for
six years from iasf March, the 'imc at which senator
1t /, said that nerlcr VII Lucas nor Nr rulhror
has made any attempt IN draw NJ" salary ~ Scuator,
50 which eyer one OF u"m Is admitted "il have nine
months accumulated salary ~ Iut I'm his pocket.
In tho Indiana ease" u a, UNDERSTOOD that jud-" Tu-
pie ha. drawn No salary rurcually since March ihc
thrifty and prudent I~woci NJ that - u.s.
Senator nd ehsrsrr. wh"'c VOC viii Loot 10 tho seat
Ing Of Me',r' Iuc4' aai rqr u partv llnc' .honf bo
qu~stion 20 how ho would voi. thc.c he
plled; - shall vo'e without rceard 20 parry. | va
hear Tho evidence Judge OF the supreme would